Georgia Standard Residential Lease Agreement

Introduction

A Georgia standard residential lease agreement is a legally binding contract between a landlord (property owner or property manager) and a tenant that establishes the terms and conditions for renting a residential property. By signing a lease agreement, the tenant agrees to rent the premises for a fixed period, typically one year, in exchange for a monthly rent amount.

Georgia landlord-tenant relationships are governed by the Official Code of Georgia Annotated (O.C.G.A.), Title 44, Chapter 7, which establishes the rights and obligations of both parties. This guide provides a comprehensive overview of Georgia residential lease requirements, mandatory disclosures, security deposit laws, and tenant protections.^[1]

Legal Framework

Georgia residential lease agreements are primarily governed by O.C.G.A. Title 44, Chapter 7 (Landlord and Tenant). This chapter includes:

• Article 1 - In General: General provisions governing landlord-tenant relationships, including disclosure requirements and lease termination procedures.^[1]
• Article 2 - Security Deposits: Regulations governing the collection, holding, and return of security deposits.^[2]
• Article 3 - Dispossessory Proceedings: Procedures for evicting tenants and recovering possession of the property.^[3]

Required Disclosures

Georgia law mandates that landlords provide certain disclosures to tenants before or at the commencement of the lease. Failure to provide these disclosures can result in legal consequences for the landlord.

Landlord Identification Disclosure

Under O.C.G.A. Section 44-7-3, landlords must disclose to tenants in writing the names and addresses of:^[4]

• The owner of record of the premises or a person authorized to act on behalf of the owner for purposes of serving process and receiving notices and demands.
• The property manager or agent authorized to manage the property (if applicable).

Timing: This disclosure must be provided at or before the commencement of the tenancy.

Change Notification: If any of the required names or addresses change, the landlord must notify each tenant within 30 days of the change, either in writing or by posting in a conspicuous place.

Consequence of Non-Compliance: A person who fails to comply with this disclosure requirement becomes an agent of the owner for serving process, receiving notices, performing landlord obligations, and expending rent collected for those obligations.

Flood Disclosure

Under O.C.G.A. Section 44-7-20, landlords must notify prospective tenants in writing if the rental property has experienced flooding that damaged any portion of the living space at least three or more times during the five-year period immediately preceding the lease date.^[5]

Definition of Flooding: The statute defines flooding as the inundation of a portion of the living space caused by an increased water level in an established water source (such as a river, stream, or drainage ditch) or ponding of water at or near the point where heavy or excessive rain fell.

Liability: An owner who fails to provide this notice is liable in tort to the tenant and the tenant's family residing on the premises for damages to personal property caused by flooding during the lease term.

Move-In/move-Out Inspection Checklist

Under O.C.G.A. Section 44-7-33, landlords must provide tenants with a comprehensive written list of any existing damage to the premises prior to the tenant tendering a security deposit.^[6]

Tenant's Right to Inspect: The tenant has the right to inspect the premises to verify the accuracy of the list prior to taking occupancy.

Signature Requirement: Both the landlord and tenant must sign the list. Once signed, the list serves as conclusive evidence of its accuracy (except for latent defects).

Move-Out Inspection: Within three business days after lease termination and vacation of the premises, the landlord must conduct an inspection and compile a damage list. The tenant has the right, upon request, to inspect the premises and the damage list within five business days.

Exemption: Under O.C.G.A. Section 44-7-36, these requirements do not apply to landlords who own ten or fewer rental units, unless those units are managed by a third party for a fee.

Lead-Based Paint Disclosure (federal Requirement)

Under 42 U.S.C. Section 4852d (Residential Lead-Based Paint Hazard Reduction Act of 1992), landlords of properties built before January 1, 1978 must provide prospective tenants with:^[7]

• A lead hazard information pamphlet (EPA pamphlet: "Protect Your Family From Lead in Your Home")
• Disclosure of any known lead-based paint or lead-based paint hazards in the housing
• Any available lead hazard evaluation reports

Lead Warning Statement: "Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women."

Exemptions: Short-term rentals (100 days or less) and housing designated for the elderly or disabled (where no children under 6 reside) are exempt from this requirement.

Security Deposit Bank Account Disclosure

Under O.C.G.A. Section 44-7-31, when a landlord collects a security deposit, they must:^[2]

• Deposit the funds in an escrow account established solely for that purpose in a bank or lending institution regulated by the state or federal government
• Hold the security deposit in trust for the tenant
• Inform the tenant in writing of the location of the escrow account

Alternative: Instead of an escrow account, the landlord may post and maintain a surety bond with the clerk of the superior court. The bond amount must equal the total of all security deposits held or $50,000, whichever is less.

Security Deposit Laws

Maximum Amount

Georgia law does not impose a statutory limit on the amount a landlord may collect as a security deposit. However, most landlords typically collect one to two months' rent as a security deposit.

Returning the Security Deposit

Under O.C.G.A. Section 44-7-34, landlords must return the security deposit within 30 days after obtaining possession of the premises (either through tenant vacation or surrender and acceptance).^[8]

Itemized Statement: If the landlord retains any portion of the security deposit, they must provide the tenant with an itemized statement of deductions.

Delivery Method: The landlord complies with this requirement by mailing the statement and any payment to the tenant's last known address via first-class mail.

Consequence of Non-Compliance: Failure to return the deposit within 30 days results in the landlord forfeiting the right to withhold any portion of the security deposit. Under O.C.G.A. Section 44-7-35(c), if the landlord wrongfully withholds the deposit, the tenant may sue for three times the deposit amount plus attorney's fees.

Permissible Deductions

Landlords may deduct from the security deposit for:

• Unpaid rent
• Damages beyond normal wear and tear caused by the tenant
• Costs for cleaning required to restore the property to its original condition
• Other charges specified in the lease agreement

Rent Payment Laws

Grace Period

Georgia law provides no statutory grace period for rent payments. Rent is due on the date specified in the lease agreement, and landlords may take legal action immediately if payment is not received on time.

Late Fees and Interest

While Georgia does not have a specific statute governing late fees, O.C.G.A. Section 7-4-2 establishes that for amounts of $3,000 or less, the maximum interest rate that can be charged is 16% per annum simple interest. This applies to late rent charges if characterized as interest on forbearance to collect money owed.^[9]

NSF (bounced Check) Fees

Under O.C.G.A. Section 13-6-15, landlords may charge a service fee of $30 or 5% of the face amount, whichever is greater, plus any fees charged to the landlord by their bank, for a check returned due to insufficient funds.^[10]

Rent Increase Requirements

For month-to-month leases, landlords must provide at least 60 days' written notice before a rent increase takes effect. Landlords cannot increase rent during a fixed-term lease unless the lease agreement specifically permits such increases. Georgia has no rent control laws, so there is no limit on the amount of rent increases, except:

• Senior Protection (HB 938): From June 30, 2024, through December 31, 2026, landlords cannot increase rent by more than 10% for tenants over 62 who receive most of their income from Social Security or disability benefits.

Lease Termination and Notice Requirements

Fixed-Term Lease

A fixed-term lease automatically terminates at the end of the specified term without requiring notice from either party. However, many leases include renewal provisions that require advance notice if either party intends not to renew.

Month-To-Month Tenancy

Under O.C.G.A. Section 44-7-7, a tenancy at will (including month-to-month arrangements) may be terminated with:^[11]

-60 days' notice** from the landlord**

-30 days' notice** from the tenant**

The asymmetric notice requirement provides tenants additional time to find alternative housing when the landlord initiates termination.

Eviction Process (dispossessory Proceedings)

Georgia evictions are governed by O.C.G.A. Article 3 (Sections 44-7-49 through 44-7-59). The process, known as a "dispossessory proceeding," follows these steps:^[3]

Step 1: Notice to Quit

For non-payment of rent, under O.C.G.A. Section 44-7-50, the landlord must provide the tenant with a notice to vacate or pay within three business days. Georgia law allows landlords to file an eviction action immediately after delivering this notice.^[12]

For other lease violations, Georgia law does not require a specific cure period before the landlord can take legal action.

Step 2: Filing the Dispossessory Affidavit

If the tenant fails to comply with the notice, the landlord may file a dispossessory affidavit with the magistrate court in the county where the property is located. The affidavit must state the facts supporting the eviction.

Step 3: Tenant Response

Upon service of the summons and affidavit, the tenant has seven days to file a written or oral answer with the court.

Step 4: Court Hearing and Judgment

If the tenant contests the eviction, the court will schedule a hearing. If the tenant fails to respond, the court may enter a default judgment in favor of the landlord.

Step 5: Writ of Possession

If the court rules in favor of the landlord, a writ of possession will be issued. The county marshal or sheriff will execute the writ, physically removing the tenant if necessary.

Landlord Obligations

Warranty of Habitability

Under O.C.G.A. Section 44-7-13, Georgia landlords are required to maintain rental properties in a safe, sanitary, and habitable condition. This obligation is inherent in any rental agreement, even if not explicitly stated.^[13]

Landlord must ensure:

• Essential services (plumbing, heating, electricity) are functional
• Structural integrity of the building is maintained
• Common areas are safe and clean
• Pest infestations are addressed
• Health and safety hazards are remedied

Repair Timeline

Georgia law requires landlords to make repairs within a "reasonable" time after receiving written notice from the tenant. The urgency depends on the severity of the issue (e.g., a broken heater in winter requires immediate attention).

Entry Rights

Georgia does not have a specific statute requiring advance notice before landlord entry. However, landlords should provide reasonable notice (at least 24 hours is recommended) and only enter during reasonable hours (typically 9 AM to 5 PM). Emergency entry is permitted without notice when there is a threat to safety or property.

Tenant Rights and Remedies

When Landlord Fails to Repair

If a landlord fails to address habitability issues, tenants may:

• File a legal action: Sue for breach of contract. Courts may order repairs or award compensation.
• Terminate the lease: In severe cases where the property becomes uninhabitable, tenants may terminate the lease without penalty (after providing formal notice to the landlord).
• Repair and deduct: While not explicitly recognized by Georgia statute, tenants may in some cases make repairs and deduct costs from rent if the landlord received reasonable notice and failed to act.

Protection From Retaliation

Landlords cannot evict, raise rent, or otherwise retaliate against tenants for exercising their legal rights, such as reporting code violations or requesting repairs.

Fair Housing Protections

The Georgia Fair Housing Act prohibits discrimination in housing based on seven protected classes:^[14]

• Race
• Color
• Religion
• National Origin
• Sex
• Disability
• Familial Status (families with children under 18, pregnant women)

How to Create a Georgia Residential Lease Agreement

Follow these steps to create a legally compliant residential lease agreement in Georgia:

• Step 1: Screen prospective tenants using a rental application to verify income, employment, rental history, and creditworthiness.
• Step 2: Draft the lease agreement including all essential terms: parties, property address, lease term, rent amount and due date, security deposit amount, and signatures.
• Step 3: Include all required disclosures: landlord identification, flood disclosure (if applicable), move-in checklist, lead-based paint disclosure (if applicable), and security deposit location.
• Step 4: Conduct the move-in inspection with the tenant and have both parties sign the condition checklist.
• Step 5: Collect the security deposit and deposit it in an escrow account (or post a surety bond). Notify the tenant of the account location in writing.
• Step 6: Execute the lease by having both parties sign and date the agreement. Provide a copy to the tenant.